§ 1804 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 574

SHORT TITLE (11) Gulf Intracoastal Waterway: From St. For short title of title II of Pub. L. 95–502 as the ‘‘In- Mark’s River, Florida, to Brownsville, Texas, land Waterways Revenue Act of 1978’’, see section 201 of 1,134.5 miles. Pub. L. 95–502, set out as a Short Title of 1978 Amend- (12) Illinois Waterway (Calumet-Sag Chan- ment note under section 1 of Title 26, Internal Revenue nel): From the junction of the Illinois River Code. with the Mississippi River RM 0 to Chicago § 1804. Inland and intracoastal waterways of the Harbor at Lake Michigan, approximately RM United States 350. (13) Kanawha River: From junction with For purposes of section 4042 of title 26 (relat- Ohio River at RM 0 to RM 90.6 at Deepwater, ing to tax on fuel used in commercial transpor- West Virginia. tation on inland waterways) and for purposes of (14) Kaskaskia River: From junction with 1 section 1802 of this title, the following inland the Mississippi River at RM 0 to RM 36.2 at and intracoastal waterways of the United States Fayetteville, Illinois. are described in this section: (15) Kentucky River: From junction with (1) Alabama-Coosa Rivers: From junction Ohio River at RM 0 to confluence of Middle with the Tombigbee River at river mile (here- and North Forks at RM 258.6. inafter referred to as RM) 0 to junction with (16) Lower Mississippi River: From Baton Coosa River at RM 314. (2) Allegheny River: From confluence with Rouge, Louisiana, RM 233.9 to Cairo, Illinois, the Monongahela River to form the Ohio River RM 953.8. at RM 0 to the head of the existing project at (17) Upper Mississippi River: From Cairo, Il- East Brady, Pennsylvania, RM 72. linois, RM 953.8 to Minneapolis, Minnesota, (3) Apalachicola-Chattahoochee and Flint RM 1,811.4. Rivers: Apalachicola River from mouth at (18) Missouri River: From junction with Mis- Apalachicola Bay (intersection with the Gulf sissippi River at RM 0 to Sioux City, Iowa, at Intracoastal Waterway) RM 0 to junction with RM 734.8. Chattachoochee 2 and Flint Rivers at RM 107.8. (19) Monongahela River: From junction with Chattachoochee 2 River from junction with Allegheny River to form the Ohio River at RM Apalachicola and Flint Rivers at RM 0 to Co- 0 to junction of the Tygart and West Fork Riv- lumbus, Georgia, at RM 155 and Flint River, ers, Fairmont, West Virginia, at RM 128.7. from junction with Apalachicola and Chat- (20) Ohio River: From junction with the Mis- tahoochee Rivers at RM 0 to Bainbridge, Geor- sissippi River at RM 0 to junction of the Alle- gia, at RM 28. gheny and Monongahela Rivers at Pittsburgh, (4) Arkansas River (McClellan-Kerr Arkan- Pennsylvania, at RM 981. sas River Navigation System): From junction (21) Ouachita-Black Rivers: From the mouth with Mississippi River at RM 0 to port of of the Black River at its junction with the Red Catoosa, Oklahoma, at RM 448.2. River at RM 0 to RM 351 at Camden, Arkansas. (5) Atchafalaya River: From RM 0 at its (22) Pearl River: From junction of West intersection with the Gulf Intracoastal Water- Pearl River with the Rigolets at RM 0 to Boga- way at Morgan City, Louisiana, upstream to lusa, Louisiana, RM 58. junction with Red River at RM 116.8. (23) Red River: From RM 0 to the mouth of (6) Atlantic Intracoastal Waterway: Two in- Cypress Bayou at RM 236. land water routes approximately paralleling (24) Tennessee River: From junction with the Atlantic coast between Norfolk, Virginia, Ohio River at RM 0 to confluence with Hol- and Miami, Florida, for 1,192 miles via both stein and French Rivers at RM 652. the Albermarle 3 and Chesapeake Canal and (25) White River: From RM 9.8 to RM 255 at Great Dismal Swamp Canal routes. Newport, Arkansas. (7) Black Warrior-Tombigbee-Mobile Rivers: (26) Willamette River: From RM 21 upstream Black Warrior River System from RM 2.9, Mo- of Portland, Oregon, to Harrisburg, Oregon, at bile River (at Chickasaw Creek) to confluence RM 194. with Tombigbee River at RM 45. Tombigbee (27) Tennessee-Tombigbee Waterway: From River (to Demopolis at RM 215.4) to port of its confluence with the Tennessee River to the Birmingham, RM’s 374–411 and upstream to Warrior River at Demopolis, Alabama. head of navigation on Mulberry Fork (RM 429.6), Locust Fork (RM 407.8), and Sipsey (Pub. L. 95–502, title II, § 206, Oct. 21, 1978, 92 Fork (RM 430.4). Stat. 1700; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 (8) Columbia River (Columbia-Snake Rivers Stat. 2095; Pub. L. 99–662, title XIV, § 1404(b), Inland Waterways): From The Dalles at RM Nov. 17, 1986, 100 Stat. 4270.) 191.5 to Pasco, Washington (McNary Pool), at RM 330, Snake River from RM 0 at the mouth REFERENCES IN TEXT to RM 231.5 at Johnson Bar Landing, Idaho. Section 1802 of this title, referred to in text, was re- (9) Cumberland River: Junction with Ohio pealed by Pub. L. 99–662, title XIV, § 1405(b), Nov. 17, River at RM 0 to head of navigation, upstream 1986, 100 Stat. 4271. to Carthage, Tennessee, at RM 313.5. (10) Green and Barren Rivers: Green River AMENDMENTS from junction with the Ohio River at RM 0 to 1986—Pub. L. 99–514, in introductory provisions, sub- head of navigation at RM 149.1. stituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codifica- 1 See References in Text note below. tion was translated as ‘‘title 26’’ thus requiring no 2 So in original. Probably should be ‘‘Chattahoochee’’. change in text. 3 So in original. Probably should be ‘‘Albemarle’’. Par. (27). Pub. L. 99–662 added par. (27). Page 575 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1901

EFFECTIVE DATE OF 1986 AMENDMENT (b) in the case of a terminal, any person, Amendment by Pub. L. 99–662 effective Jan. 1, 1987, except the owner, responsible for the oper- see section 1404(c) of Pub. L. 99–662 set out as a note ation of the terminal by agreement with the under section 4042 of Title 26, Internal Revenue Code. owner; CHAPTER 33—PREVENTION OF POLLUTION (10) ‘‘person’’ means an individual, firm, pub- FROM SHIPS lic or private corporation, partnership, asso- ciation, State, municipality, commission, po- Sec. litical subdivision of a State, or any interstate 1901. Definitions. 1902. Ships subject to preventive measures. body; 1902a. Discharge of agricultural cargo residue. (11) ‘‘Secretary’’ means the Secretary of the 1903. Administration and enforcement. department in which the Coast Guard is oper- 1904. Certificates. ating; 1905. Pollution reception facilities. (12) ‘‘ship’’ means a vessel of any type what- 1906. Incidents involving ships. soever, including hydrofoils, air-cushion vehi- 1907. Violations. cles, submersibles, floating craft whether self- 1908. Penalties for violations. 1909. MARPOL Protocol; proposed amendments. propelled or not, and fixed or floating plat- 1910. Legal actions. forms; 1911. Effect on other laws. (13) ‘‘submersible’’ means a submarine, or 1912. International law. any other vessel designed to operate under 1913. Compliance reports. water; and 1914. Transferred. (14) ‘‘terminal’’ means an onshore facility or 1915. Repealed. an offshore structure located in the navigable § 1901. Definitions waters of the United States or subject to the jurisdiction of the United States and used, or (a) Unless the context indicates otherwise, as intended to be used, as a port or facility for used in this chapter— the transfer or other handling of a harmful (1) ‘‘Administrator’’ means the Adminis- substance. trator of the Environmental Protection Agen- cy; (b) For purposes of this chapter, the require- (2) ‘‘Antarctica’’ means the area south of 60 ments of Annex V shall apply to the navigable degrees south latitude; waters of the United States, as well as to all (3) ‘‘Antarctic Protocol’’ means the Protocol other waters and vessels over which the United on Environmental Protection to the Antarctic States has jurisdiction. Treaty, signed October 4, 1991, in Madrid, and (c) For the purposes of this chapter, the re- all annexes thereto, and includes any future quirements of Annex IV to the Antarctic Proto- amendments thereto which have entered into col shall apply in Antarctica to all vessels over force; which the United States has jurisdiction. (4) ‘‘MARPOL Protocol’’ means the Protocol (Pub. L. 96–478, § 2, Oct. 21, 1980, 94 Stat. 2297; of 1978 relating to the International Conven- Pub. L. 100–220, title II, § 2101, Dec. 29, 1987, 101 tion for the Prevention of Pollution from Stat. 1460; Pub. L. 103–160, div. A, title X, Ships, 1973, and includes the Convention; § 1003(f), Nov. 30, 1993, 107 Stat. 1748; Pub. L. (5) ‘‘Convention’’ means the International 104–227, title II, § 201(a), Oct. 2, 1996, 110 Stat. Convention for the Prevention of Pollution 3042; Pub. L. 110–280, § 3, July 21, 2008, 122 Stat. from Ships, 1973, including Protocols I and II 2611.) and Annexes I, II, V, and VI thereto, including any modification or amendments to the Con- REFERENCES IN TEXT vention, Protocols, or Annexes which have en- This chapter, referred to in text, was in the original tered into force for the United States; ‘‘this Act’’, meaning Pub. L. 96–478, Oct. 21, 1980, 94 (6) ‘‘discharge’’, ‘‘emission’’, ‘‘garbage’’, Stat. 2297, known as the ‘‘Act to Prevent Pollution ‘‘harmful substance’’, and ‘‘incident’’ shall from Ships’’, which is classified principally to this have the meanings provided in the Conven- chapter. For complete classification of this Act to the Code, see Short Title note below and Tables. tion; Presidential Proclamation 5928, referred to in subsec. (7) ‘‘navigable waters’’ includes the terri- (a)(7), is set out under section 1331 of Title 43, Public torial sea of the United States (as defined in Lands. Presidential Proclamation 5928 of December AMENDMENTS 27, 1988) and the internal waters of the United States; 2008—Subsec. (a). Pub. L. 110–280 added par. (1), redes- (8) ‘‘owner’’ means any person holding title ignated pars. (1) to (5) as (2) to (6), respectively, in par. to, or in the absence of title, any other indicia (5) substituted ‘‘V, and VI’’ for ‘‘and V’’, in par. (6) sub- stituted ‘‘ ‘discharge’, ‘emission’, ‘garbage’, ‘harmful of ownership of, a ship or terminal, but does substance’, and ‘incident’ ’’ for ‘‘ ‘discharge’ and ‘gar- not include a person who, without participat- bage’ and ‘harmful substance’ and ‘incident’ ’’, added ing in the management or operation of a ship par. (7), and redesignated pars. (6) to (12) as (8) to (14), or terminal, holds indicia of ownership pri- respectively. marily to protect a security interest in the 1996—Subsec. (a). Pub. L. 104–227, § 201(a)(1), (2), added ship or terminal; pars. (1) and (2) and redesignated former pars. (1) to (10) (9) ‘‘operator’’ means— as (3) to (12), respectively. (a) in the case of a ship, a charterer by de- Subsec. (c). Pub. L. 104–227, § 201(a)(3), added subsec. (c). mise or any other person, except the owner, 1993—Subsec. (a)(9), (10). Pub. L. 103–160 added par. (9) who is responsible for the operation, man- and redesignated former par. (9) as (10). ning, victualing, and supplying of the vessel, 1987—Subsec. (a). Pub. L. 100–220, § 2101(1), designated or existing provisions as subsec. (a).